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PROPOSED AD DIAMOND AIRCRAFT INDUSTRIES GMBH: Docket No. FAA-2021-0952; Project Identifier 2019-CE-039-AD.
(a) COMMENTS DUE DATE

    The FAA must receive comments on this airworthiness directive (AD)  by
    December 20, 2021.

(b) AFFECTED ADS

    None.

(c) APPLICABILITY

    This AD applies to:

(1) Diamond Aircraft Industries GmbH(DAI) Model DA 42 NG airplanes, serial
    numbers (S/N) 42.N303 through 42.N314, 42.N319, and 42.N320,  certifi-
    cated in any category,  with  a  fuel tank connection hose part number
    (P/N) D4D-2817-10-70 installed; or

(2) DAI Models DA 42, DA 42 NG, and DA 42 M-NG airplanes,  all serial num-
    bers,  certificated in any category,  with a fuel tank connection hose
    P/N D4D-2817-10-70 identified in the Technical Details,  section I.11,
    of Diamond Aircraft Mandatory Service Bulletin MSB 42-138/MSB 42NG-080
    dated July 1, 2019 (issued as one document) (MSB 42-138/42NG-080), in-
    stalled.

(d) SUBJECT

    Joint Aircraft System Component (JASC) Code 2810, Fuel Storage.

(e) UNSAFE CONDITION

    This AD was prompted by mandatory continuing airworthiness information
    (MCAI) issued by the aviation authority of another country to identify
    and  correct an  unsafe condition  on  an  aviation product.  The MCAI
    describes the unsafe condition as dissolved or detached fuel tank hose
    material entering the main fuel tank chambers. The FAA is issuing this
    AD  to  prevent  restricted  fuel flow,  which  could  result  in fuel
    starvation. The unsafe  condition, if not  addressed, could result  in
    fuel starvation and reduced control of the airplane.

(f) COMPLIANCE

    Comply with this AD within the compliance times specified,  unless al-
    ready done.

(g) REQUIRED ACTIONS

(1) Within 100 hours time-in-service  (TIS)  after  the  effective date of
    this AD or within 4 months after the effective date of this AD, which-
    ever  occurs  first,  replace  the  main fuel tank connection hoses in
    accordance  with the Instructions,  sections III.1 and III.2,  in  DAI
    Work Instruction WI-MSB 42-138 and WI-MSB 42NG-080,  Revision 0, dated
    July 1, 2019,  (issued as one document)  attached  to MSB 42-138/42NG-
    080. Instead of P/N D4D-2817-10-70_01,  you  may  also  replace a fuel
    tank connection hose with P/N D4D-2817-10-70 that is not identified in
    paragraph (c) of this AD.

(2) As of the effective date of this AD,  do not install  a fuel tank con-
    nection hose P/N D4D-2817-10-70 identified in paragraph (c) of this AD
    on any airplane.

(h) NO REPORTING REQUIREMENT

    This AD does not require you to report information as specified in the
    Instructions, step III.1.12, in DAI Work Instruction WI-MSB 42-138/WI-
    MSB 42NG-080 (single document),  Revision 0, dated July 1, 2019, which
    is co-published as one document with MSB 42-138/42NG-080.

(i) ALTERNATIVE METHODS OF COMPLIANCE (AMOCS)

(1) The Manager, International Validation Branch,  FAA,  has the authority
    to approve AMOCs for this AD, if requested using the procedures  found
    in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to
    your principal inspector or local Flight Standards District Office, as
    appropriate. If  sending information  directly to  the manager  of the
    certification  office,  send  it  to  the  attention  of  the   person
    identified in paragraph (j)(1) of this AD or email to:  9-AVS-AIR-730-
    AMOC@faa.gov.

(2) Before using any approved AMOC,  notify your appropriate principal in-
    spector, or lacking  a principal inspector,  the manager of  the local
    flight standards district office/certificate holding district office.

(j) RELATED INFORMATION

(1) For more information about this AD,  contact Penelope Trease, Aviation
    Safety Engineer,  General Aviation & Rotorcraft Section, International
    Validation Branch, FAA, 26805 E. 68th Avenue, Denver, CO 80249; phone:
    (303) 342-1094; fax: (303) 342-1088; email: penelope.trease@faa.gov.

(2) Refer  to  European Union Aviation Safety Agency (EASA)  AD 2019-0218,
    dated September 3, 2019,  for  more  information.  You may examine the
    EASA AD in the AD docket at https://www.regulations.gov  by  searching
    for and locating it in Docket No. FAA-2021-0952.

(3) For service information  identified  in this AD,  contact Diamond Air-
    craft Industries GmbH,  N.A. Otto-Strase 5,  A-2700  Wiener  Neustadt,
    Austria;  phone: +43 2622 26700;  fax: +43 2622 26780;  email: office@
    diamond-air.at; website: https://www.diamondaircraft.com. You may view
    this referenced service information at the FAA, Airworthiness Products
    Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106.
    For information on the availability of this material at the FAA,  call
    (816) 329-4148.

Issued on October 27, 2021. Lance T Gant, Director, Compliance & Airworth-
iness Division, Aircraft Certification Service.

DATES: The FAA must receive comments  on this proposed AD  by December 20,
2021.
PREAMBLE 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0952; Project Identifier 2019-CE-039-AD]
RIN 2120-AA64

Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Diamond Aircraft Industries GmbH (DAI) Model DA 42, DA 42
M-NG, and DA 42 NG airplanes. This proposed AD was prompted by
mandatory continuing airworthiness information (MCAI) issued by the
aviation authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as dissolved or detached fuel tank hose material entering the
main fuel tank chambers, which could result in restricted fuel flow
with consequent fuel starvation. This proposed AD would require
removing the fuel tank connection hoses from service and inspecting the
fuel tank connection hoses for damage and detached rubber material. The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by December
20, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Diamond
Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 Wiener
Neustadt, Austria; phone: +43 2622 26700; fax: +43 2622 26780; email:
office@diamond-air.at; website: https://www.diamondaircraft.com. You
may view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106.
For information on the availability of this material at the FAA, call
(816) 329-4148.

Examining the AD Docket

You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0952; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the MCAI,
any comments received, and other information. The street address for
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Penelope Trease, Aviation Safety
Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, FAA, 26805 E. 68th Avenue, Denver, CO 80249; phone:
(303) 342-1094; fax: (303) 342-1088; email: penelope.trease@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0952; Project Identifier
2019-CE-039-AD'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to this NPRM, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission containing CBI as ``PROPIN.''
The FAA will treat such marked submissions as confidential under the
FOIA, and they will not be placed in the public docket of this NPRM.
Submissions containing CBI should be sent to Penelope Trease, Aviation
Safety Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, FAA, 26805 E. 68th Avenue, Denver, CO 80249. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0218, dated September 3, 2019 (referred to after this as
``the MCAI''), to address an unsafe condition on certain DAI Model DA
42, DA 42M, DA 42 M-NG, and DA 42 NG airplanes. The MCAI states:

Reports were received of dissolved fuel tank connections hoses.
Rubber parts were found within the fuel tank. The investigation
results showed that the affected parts are limited to 2 isolated
batches, some of which were installed on the production line. Other
affected parts have been supplied as spare for in-service
replacement.
This condition, if not corrected, could lead to restricted fuel
flow from the tank, possibly resulting in fuel starvation and
consequent reduced control of the aeroplane.
To address this potential unsafe condition, DAI issued the
applicable MSB [Mandatory Service Bulletin], providing instructions
to identify and replace the affected parts. The applicable MSB
identifies the MSN [manufacturer serial numbers] of the aeroplanes
on which affected parts were installed during aeroplane production.
The applicable MSB also indicates that any other aeroplane may be
affected, if an affected part supplied as spare was installed.
For the reason described above, this [EASA] AD requires removal
and replacement of the affected parts, and, if a removed affected
part is found damaged, inspection of the fuel tank chambers and
removal of any detached rubber material. This [EASA] AD also
prohibits (re)installation of any affected parts.

You may examine the MCAI in the AD docket at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0952.

Related Service Information Under 1 CFR Part 51

The FAA reviewed Diamond Aircraft Mandatory Service Bulletin (MSB)
42-138/MSB 42NG-080, dated July 1, 2019 (issued as one document)
published with Diamond Aircraft Work Instruction (WI) MSB 42-138/WI-MSB
42NG-080, dated July 1, 2019 (issued as one document) attached. This
service information identifies the list of affected fuel tank
connection hoses and also contains procedures for replacing the fuel
tank connection hose and inspecting the main fuel tank chambers. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.

FAA's Determination


This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this NPRM
after determining the unsafe condition described previously is likely
to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM


This proposed AD would require removing the affected fuel tank
connection hoses from service. This proposed AD would also require
inspecting the fuel tank connection hoses and, if there is damage,
inspecting the main fuel tank chambers and removing any detached rubber
material.

Differences Between This Proposed AD and the MCAI or Service
Information


The MCAI applies to the Model DA 42 M airplane and this proposed AD
would not because it does not have an FAA type certificate.
The service information specifies reporting information to DAI, and
this proposed AD would not require reporting.

Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would
affect 192 airplanes of U.S. registry. The FAA estimates that it would
take about 30 work-hours to do the actions of this proposed AD and
require a part costing $188. The average labor rate is $85 per work-
hour. Based on these figures, the FAA estimates the cost to do the
actions of this proposed AD on U.S. operators to be $525,696 or $2,738
per airplane.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES


1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive: